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Does a will override a insurance policy beneficiary?

Hayden, CO |

I moved to my mother's town in 1998 to help her and my father. I continued to help her checking on her every day until her death this year. In 2005 she changed her life insurance policy beneficiary from all 4 children to myself. My brother is the executor of the will mom wrote in the late 1980's. He claims I must split the life insurance check with the other children equally because the will states all assets and personal items to be divided equally. He is threatening me with hiring a lawyer to get the money.

Attorney Answers 3

  1. Best answer

    As Mr. Frederick pointed out, your brother's interpretation is in error, precisely because the insurance benefits are direct, never passing through the will or probate. Nevertheless, if he does hire a lawyer to pursue the matter, you might have to hie one also, to protect your rights.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in a free consultation with Mr. Bryans, call The Bryans Law Office at (303) 832-2930.

  2. No. The insurance policy passes outside of probate to the named beneficiary. The Will covers only assets that pass through probate. Your brother is out of luck. He should hire an attorney, however, because he is likely to make additional mistakes if he does not.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  3. I agree. The insurance would not be part of the estate that passes under the will.

    You can reach Dave Rich at (303) 886-2516 or Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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